A Nassau County, New York Supreme Court judge overturned a town zoning board’s denial of an application to convert a one-family dwelling in a residential area into a Muslim house of worship.

The applicants sought a special exception to convert the premises with an upper apartment, off-street parking and parking in the front yard. The Town of Hempstead Board of Zoning Appeals denied the application, citing concerns over parking, “significant depreciation” of property values and inadequate back-up space in parking stalls.

The judge directed the board to grant the special exception permit while minimizing adverse effects to the community. He ruled that the board’s decision was “bereft of any evidence that the Board of Zoning Appeals made any attempt whatsoever to accommodate the proposed religious use.

Such a denial constitutes an abuse of discretion in that the Board of Zoning Appeals ignored its affirmative duty to suggest measures to accommodate the proposed religious use.”